HL Deb 13 May 1983 vol 442 cc707-8

11.8 a.m.

Lord Hatch of Lusby

My Lords, I beg leave to ask the Question standing in my name on the Order Paper.

The Question was as follows:

To ask Her Majesty's Government whether any guidelines have been issued to judges to ensure that they protect the freedom of the individual to bring to the notice of the media matters of public importance dealt with in open court.

The Lord Chancellor

My Lords, guidelines are not issued to the judiciary by members of the Executive.

Lord Hatch of Lusby

My Lords, will the noble and learned Lord consider the specific case to which I have drawn the attention of his office which was the case of a Mr. Zavorka in the Bloomsbury and Marylebone County Court on 11th March? The question which I want to put to the noble and learned Lord is that in this case—there is no criticism of the judge or the justices in this question—the judge approved a settlement which prevented the defendant from speaking to the media after the case. This matter has been raised with me by the BBC which raised the issue and tried to interview the defendant. Will the noble and learned Lord give the House his wisdom on the principle of judges allowing such a settlement to prevent a defendant from making contact and giving information or an interview to any part of the media?

The Lord Chancellor

My Lords, in this country people are free to settle their cases on terms that they choose and should keep their bargains after they have made them.

Lord Harmar-Nicholls

My Lords, is my noble and learned friend aware that many will be disturbed that a Question such as this appears on your Lordships' Order Paper? To imply, however obliquely, that the judges need guidelines from politically orientated Governments is disturbing when one considers the importance of the impartiality of the judges in this country.

The Lord Chancellor

My Lords, I hope that my original reply will dispose of the anxieties which my noble friend might feel.

Lord Elwyn-Jones

My Lords, surely there is no objection to putting down such a Question particularly when it receives such a robust Answer.

The Lord Chancellor

My Lords, I am the servant of the House in such matters. If the Question appears on the Order Paper I assume that it is in order; and, if it is in order, I answer it.

Lord Hatch of Lusby

My Lords, will the noble and learned Lord accept that there is absolutely no political motive in this Question? It is purely a matter of public interest. Will he address himself to the 1688 Bill of Rights? Does that not imply a freedom of speech which would at least suggest, in a case of this kind where a settlement has been reached which infringes the right of free speech, that in those circumstances judges might well intervene to disallow that part of the settlement which prevents either party from being in contact with the media after the case has finished?

The Lord Chancellor

The Bill of Rights, my Lords, certainly protects the right of free speech; but the right of an individual to forgo communication by agreement with his opponent of that right in relation to the media is one that also has to be protected and defended when he has made the bargain.